11/7/2016
This stakeholder discussiondraft is being provided at this time for the sole purpose of soliciting stakeholder input prior to the development of regulations. Key policy and technical issues that would require new or revised regulatory language are clearly identified within the document. If MassDEP proceeds with a proposed regulation, comments on this discussion draft will be considered in developing regulatory language for consideration during a formal public comment process required by Massachusetts General Law Chapter 30A.
Revise existing 310 CMR 7.72 Reducing Sulfur Hexafluoride Emissions from Gas-Insulated Switchgear, to read as follows:
310 CMR 7.72 Reducing Sulfur Hexafluoride Emissions from Gas-Insulated Switchgear
(1) Purpose. The purpose of this regulation is to achieve greenhouse gas emissionreductions by reducing sulfur hexafluoride (SF6) emissions from gas-insulatedswitchgear.
(2) Definitions.The definitions in 310 CMR 7.00 apply to 310 CMR 7.72. The following additional terms have the following meanings when they appear in 310 CMR 7.72. If a term is defined both in 310 CMR 7.00 and in 310 CMR 7.72(2), the definition in 310 CMR 7.72(2) applies for purposes of 310 CMR 7.72.
Active GIS Equipmentmeans non-hermetically sealed SF6gas-insulated switchgear that is:
(a) Connected through busbars or cables to the GIS owner’s electricalpower system; or
(b) Fully-charged, ready for service, located at the site in which it willbe activated, and employs a mechanism to monitor SF6 emissions.
Active GIS equipment does not include equipment in storage.
Electrical Power Systemmeans the combination of electricalgenerators (e.g., power plants), transmission and distribution lines,equipment, circuits, and transformers used to generate and transportelectricity from the generators to consumption areas or to adjacentelectrical power systems.
Federal Reporting GIS Owner means a GIS Owner who is required to report SF6 emissions to US EPA pursuant to 40 CFR Part 98, Subpart DD (§98.300-308).
Gas-insulated switchgear or GISmeans all electrical powersystem equipment insulated with SF6 gas. Gas-insulatedswitchgear or GIS includes switches, stand-alone gas-insulatedequipment, and any combination of electrical disconnects, fuses, electricaltransmission lines, transformers and/or circuit breakers used to isolate gas-insulated electrical power system equipment.
GIS Ownermeans the person who owns, leases, operates, or controlsgas-insulated switchgearused in Massachusetts.GIS owner excludes temporary possession by the following persons: (1) the original equipmentmanufacturer during GIS equipment transport and installation at acustomer’s site,and (2) a qualified person who hauls the GIS for reuse, recycle or destruction.
Hermetically Sealed Gas-insulated Switchgearmeans switchgearthat is designed to be gas-tight and sealed for life. This type of switchgearis pre-charged with SF6, sealed at the factory, and cannot be refilled by itsuser.
(3) Applicability.
(a) Any federal reporting GIS owner is subject to 310 CMR 7.72(1) – (9).
(b) Any GIS owner that is not a federal reporting GIS owner is subject to 310 CMR 7.72(1) - (4), (8), and (9), and not subject to 310 CMR 7.72(5) – (7).
(4) General Requirements for All GIS Owners.
(a) Any newly manufactured GISthat is placed under the ownership, lease, operation, or control of any GIS owner on or after January 1, 2015 must be representedby the manufacturer to have a 1.0% maximum annual leak rate.
(b) Any GIS owner that places GIS under ownership, lease, operation, or controlon or after January 1, 2015shall comply with anymanufacturer-recommended maintenance procedures or industry best practices that havethe effect of reducing leakage of SF6.
(c)Ifanyparticular piece of active GIS equipmentplaced under the ownership, lease, operation, or control of any GIS owner on or after January 1, 2015does not meet the 1.0% maximum annual leak rate, the GIS owner shall, by April 15 of the year following the calendar year during which the SF6 was added, provide documentation to the Department demonstrating compliance with 310 CMR 7.72(4)(a) and (b) and describing any additional actions taken or anticipated actions that are expected to reduce the emission rate in the future.
1. GIS owners shall use data recorded pursuant to 310 CMR 7.72(8)(b) to determine whether the 1.0% maximum annual leak rate is met.
2. For the purpose of determining whether GIS meets the 1.0% maximum annual leak rate, GIS owners shall determine an annual average by dividing the amount of SF6 added to a piece of active GIS equipment by the number of yearssince the previous addition of SF6.
3. For the purpose of determining whether GIS meets the 1.0% maximum annual leak rate, GIS owners may disregard the first time SF6 is added after the GIS becomes active GIS equipment.
4. GIS owners may apply the requirements of 310 CMR 7.72(4)(c) to any group of commonly owned, leased, operated, or controlled pieces of active GIS equipmentlocated in Massachusetts, instead of a single piece of active GIS equipment.
(d) Upon removal of any GIScontaining SF6from the ownership, lease,operation, or control of a GIS owner, the GIS owner shall provide for the secure storage, re-use, recycling, or destruction of the SF6.
(e) GIS owners are responsible for compliance with 310 CMR 7.72(4) with respect to any GIS that is under their ownership, lease, operation, or control in Massachusetts.Documentation provided to GIS owners by qualified persons, such as manufacturers, suppliers, and maintenance contractors, is sufficient to demonstrate compliance with all provisions of 310 CMR 7.72(4).
(5)Maximum Limits to Annual SF6 Emissions Rate.
[NOTE: MASSDEP REQUESTS COMMENT ON ALL ASPECTS OF DETERMINING EMISSION CAPS, INCLUDING THE APPROPRIATE LEVEL OF EMISSIONS IN EACH YEAR, AND WHETHER THE REGULATION SHOULD SPECIFY A NUMERICAL CAP FOR EACH REGULATED COMPANY, OR SHOULD INSTEAD INCLUDE A CAP-SETTING FORMULA.]
(a) Rate Limit. For each calendar year specified below, each federal reporting GIS owner shall ensure that the maximum annual SF6 emission rate for all of its active GIS equipment, as calculated pursuant to 310 CMR 7.72(6)(b)8., shall not exceed the following:
Maximum Annual SF6 Emission RateCalendar Year / Maximum Allowable SF6 Emission Rate
2015 / 3.5%
2016 / 3.0%
2017 / 2.5%
2018 / 2.0%
2019 / 1.5%
2020, and each calendar year thereafter / 1.0%
(b) Mass Limit.
1. For each calendar year specified below, each federal reporting GIS owner shall ensure that the annual SF6 emissions from all of its active GIS equipment, as calculated pursuant to 310 CMR 7.72(6)(b)6., shall not exceed the following:
Maximum Annual SF6 Emissions - National GridCalendar Year / Maximum Allowable SF6 Emissions (lbs.)
2018 / 2,644
2019 / 2,082
2020 / 1,457
Maximum Annual SF6 Emissions - Eversource
Calendar Year / Maximum Allowable SF6 Emissions (lbs.)
2018 / 3,340
2019 / 2,632
2020 / 1,841
[NOTE: MASSDEP REQUESTS COMMENT ON WHETHER THE REGULATION SHOULD REQUIRE EACH REGULATED COMPANY TO KEEP ITS EMISSIONS BELOW ITS CAP, OR WHETHER THERE SHOULD BE AN OPTION FOR COMPANIES TO COMPLY JOINTLY WITH AN AGGREGATE CAP THAT IS THE SUM OF THE INVIVIDUAL COMPANY CAPS.]
2. The mass limits listed in 310 CMR 7.72(5)(b) are designed such that aggregate annual SF6 emissions from all active GIS equipment owned or operated by all federal reporting GIS owners subject to 310 CMR 7.72(5), as calculated pursuant to 310 CMR 7.72(6)(b)6., shall not exceed the following:
Maximum Annual SF6 Emissions - AggregateCalendar Year / Maximum Allowable SF6 Emissions (lbs.)
2018 / 5,984
2019 / 4,713
2020 / 3,299
(6) Annual Reporting Requirements.
(a) By April 15 of 2016 and each year thereafter, each federal reporting GIS owner mustsubmit an annual report to the Departmentfor emissions that occurredduring the previous calendar year.
(b) The annual report shall be submitted electronically in a format specified by the Department, and must contain all of the following information:
1.Thefederal reporting GIS owner’sname, physical address, and mailing address;
2.The location of records and documents;
3.The name and contact information including e-mail address and telephonenumber of the responsible officialsubmitting the report, and the person primarilyresponsible for preparing the report;
4. The year for which the information is submitted;
5.The authorized signature ofa responsibleofficial of the federal reporting GIS owner, and the following certification statement: “I certify that I have personally examined thereport for this facility and am familiar with the informationcontained in that report and that, based on my inquiry of those individuals immediatelyresponsible for obtaining the information, I believe that the information is true, accurate, andcomplete. I am aware that there are significant penalties for submitting false information,including possible fines and imprisonment."
6.The number of pounds ofSF6 emitted from GISequipment owned, leased, operated, or controlled by the federal reporting GIS owner and locatedin Massachusetts during the year, as calculated using the equation specified in40 CFR §98.303 and procedures for estimating missing data specified in40 CFR §98.305, adjusted to account for any emergency events reported pursuant to 310 CMR 7.72(7);
7. The total nameplate capacity ofSF6-containing active GIS equipment owned, leased, operated, or controlled by the federal reporting GIS owner and located in Massachusetts at the end of the year, as calculated in a manner consistent with the data reporting requirement specified in 40 CFR § 98.306(a)(1);
8.The annual SF6 emission rate for active GIS equipmentowned, leased, operated, or controlled by the federal reporting GIS owner and located in Massachusetts, as calculated by dividing the number of pounds of SF6 emitted during the year by the nameplate capacity ofSF6-containing active GIS equipment at the end of the year, as calculated pursuant to 310 CMR 7.72(6)(b)6. and 7.;
9.All other related information submitted to US EPA in accordance with 40 CFR §98.306, except for any information that the Department obtains directly from US EPA; and
10. Any information required to comply with 310 CMR 7.72(7)(b).
(7) Emergency Event Exemption.
(a) A federal reporting GIS owner may exempt emissions from a sudden and unforeseen event from the calculation of the maximum allowable emissions limit(rate or mass) if the federal reporting GIS owner demonstrates that the release of SF6:
1. Was caused by an emergency event, such as a fire, flood, earthquake, or act of vandalism; and
2. Could not have been prevented by the exercise of prudence, diligence, and care; and
3. Was beyond the control of the federal reporting GIS owner; or
4. Was necessary to avoid an immediate electrical system outage.
(b) In order for emissions to be exempted from the calculation of the maximum allowable emissions limit(rate or mass),the following information shall be included in the annual report submitted by the federal reporting GIS owner.
1. A detailed description of the emergency event, including but not limited to the following:
a. The nature of the event (e.g., fire, flood, earthquake);
b. The date and time the event occurred;
c. The location of the event;
d. The GIS equipment that was affected by the event;
e. The amount of SF6 released (in pounds);
2. Any othersupporting documentation required to demonstrate compliance with 310 CMR 7.72(7)(a)1.-4.
(c) If the Department determines that the federal reporting GIS owner has failed to demonstrate that the event meets the criteria provided at 310 CMR 7.72(7)(a),the Department will notify the federal reporting GIS owner, and the federal reporting GIS owner shall amend the relevant annual emission report to include SF6 emissions resulting from the event.
(8) Monitoring, Q/A, and Recordkeeping Requirements.
(a) All federal reporting GIS owners shall comply with all requirements of 40 CFR §98.304 and 307 with respect to equipment and containers used in Massachusetts.
(b) All GIS owners shall record, no less than annually, the amount of SF6 added, if any, to each piece of active GIS equipment that was placed under their ownership, lease, operation, or control on or after January 1, 2015.
(c) All GIS owners shall retain for five years documentation sufficient to demonstrate compliance with 310 CMR 7.72 and shall provide such documentation to the Department on request. The documentation shall be submitted in the format and within the time limit requested by the Department.
(9) Enforcement.The Department shall enforce the requirements of 310 CMR 7.72 in accordance with applicable federal and Massachusetts law, including but not limited to M.G.L. c. 21A, sec.16;,M.G.L. c. 111, sec. 2C;,M.G.L. c. 111 secs. 142 A through 142M;,andM.G.L. c.21N sec. 7(d), and 310 CMR 5.00.
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